Executive Order 13286 of February 28, 2003
Amendment of Executive Orders, and Other Actions,
in Connection With the Transfer of Certain Functions to
the Secretary of Homeland Security
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Homeland Security Act of 2002
(Public Law 107-296) and section 301 of title 3, United
States Code, and in order to reflect the transfer of
certain functions to, and other responsibilities vested
in, the Secretary of Homeland Security, the transfer of
certain agencies and agency components to the
Department of Homeland Security, and the delegation of
appropriate responsibilities to the Secretary of
Homeland Security, it is hereby ordered as follows:
Section 1. Executive Order 13276 of November 15, 2002
(``Delegation of Responsibilities Concerning
Undocumented Aliens Interdicted or Intercepted in the
Caribbean Region''), is amended by:
(a) striking ``The Attorney General'' wherever it
appears in section 1 and inserting ``The Secretary of
Homeland Security'' in lieu thereof; and
(b) striking ``the Attorney General'' wherever it
appears in section 1 and inserting ``the Secretary of
Homeland Security'' in lieu thereof.
Sec. 2. Executive Order 13274 of September 18, 2002
(``Environmental Stewardship and Transportation
Infrastructure Project Reviews''), is amended by
inserting ``Secretary of Homeland Security,'' after
``Secretary of Defense,'' in section 3(b).
Sec. 3. Executive Order 13271 of July 9, 2002
(``Establishment of the Corporate Fraud Task Force''),
is amended by:
(a) inserting ``(b) the Secretary of Homeland
Security;'' after ``(a) the Secretary of the
Treasury;'' in section 4; and
(b) relettering the subsequent subsections in
section 4 appropriately.
Sec. 4. Executive Order 13260 of March 19, 2002
(``Establishing the President's Homeland Security
Advisory Council and Senior Advisory Committees for
Homeland Security''), is amended by:
(a) striking ``the Assistant to the President for
Homeland Security (Assistant)'' in section 1(c) and
inserting ``the Secretary of Homeland Security
(Secretary)'' in lieu thereof;
(b) striking ``the Assistant'' wherever it appears
in sections 2 and 3 and inserting ``the Secretary'' in
lieu thereof;
(c) striking ``the Office of Administration'' in
section 3(d) and inserting ``the Department of Homeland
Security'' in lieu thereof;
(d) striking ``the Administrator of General
Services'' in section 4(a) and inserting ``the
Secretary of Homeland Security'' in lieu thereof; and
(e) inserting ``of General Services'' after
``Administrator'' in section 4(a).
Executive Order 13260 of March 19, 2002, is hereby
revoked effective as of March 31, 2003.
Sec. 5. Executive Order 13257 of February 13, 2002
(``President's Interagency Task Force to Monitor and
Combat Trafficking in Persons''), is amended by:
(a) inserting ``(v) the Secretary of Homeland
Security;'' after ``(iv) the Secretary of Health and
Human Services;'' in section 1(b); and
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(b) renumbering the subsequent subsections in
section 1(b) appropriately.
Sec. 6. Executive Order 13254 of January 29, 2002
(``Establishing the USA Freedom Corps''), is amended by
striking ``Director of the Federal Emergency Management
Agency;'' in section 3(b)(viii) and inserting
``Secretary of Homeland Security;'' in lieu thereof.
Sec. 7. Executive Order 13231 of October 16, 2001
(``Critical Infrastructure Protection in the
Information Age''), as amended, is further amended to
read in its entirety as follows:
``Critical Infrastructure Protection in the Information
Age
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to ensure protection of
information systems for critical infrastructure,
including emergency preparedness communications and the
physical assets that support such systems, in the
information age, it is hereby ordered as follows:
Section 1. Policy. The information technology
revolution has changed the way business is transacted,
government operates, and national defense is conducted.
Those three functions now depend on an interdependent
network of critical information infrastructures. It is
the policy of the United States to protect against
disruption of the operation of information systems for
critical infrastructure and thereby help to protect the
people, economy, essential human and government
services, and national security of the United States,
and to ensure that any disruptions that occur are
infrequent, of minimal duration, and manageable, and
cause the least damage possible. The implementation of
this policy shall include a voluntary public-private
partnership, involving corporate and nongovernmental
organizations.
Sec. 2. Continuing Authorities. This order does not
alter the existing authorities or roles of United
States Government departments and agencies. Authorities
set forth in 44 U.S.C. chapter 35, and other applicable
law, provide senior officials with responsibility for
the security of Federal Government information systems.
(a) Executive Branch Information Systems Security.
The Director of the Office of Management and Budget
(OMB) has the responsibility to develop and oversee the
implementation of government-wide policies, principles,
standards, and guidelines for the security of
information systems that support the executive branch
departments and agencies, except those noted in section
2(b) of this order. The Director of OMB shall advise
the President and the appropriate department or agency
head when there is a critical deficiency in the
security practices within the purview of this section
in an executive branch department or agency.
(b) National Security Information Systems. The
Secretary of Defense and the Director of Central
Intelligence (DCI) shall have responsibility to
oversee, develop, and ensure implementation of
policies, principles, standards, and guidelines for the
security of information systems that support the
operations under their respective control. In
consultation with the Assistant to the President for
National Security Affairs and the affected departments
and agencies, the Secretary of Defense and the DCI
shall develop policies, principles, standards, and
guidelines for the security of national security
information systems that support the operations of
other executive branch departments and agencies with
national security information.
(i) Policies, principles, standards, and guidelines developed under this
subsection may require more stringent protection than those developed in
accordance with section 2(a) of this order.
(ii) The Assistant to the President for National Security Affairs shall
advise the President and the appropriate department or agency when there is
a critical deficiency in the security practices of a department or agency
within the purview of this section.
(iii) National Security Systems. The National Security Telecommunications
and Information Systems Security Committee, as established by
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and consistent with NSD-42 and chaired by the Department of Defense, shall
be designated as the ``Committee on National Security Systems.''
(c) Additional Responsibilities. The heads of
executive branch departments and agencies are
responsible and accountable for providing and
maintaining adequate levels of security for information
systems, including emergency preparedness
communications systems, for programs under their
control. Heads of such departments and agencies shall
ensure the development and, within available
appropriations, funding of programs that adequately
address these mission systems, especially those
critical systems that support the national security and
other essential government programs. Additionally,
security should enable, and not unnecessarily impede,
department and agency business operations.
Sec. 3. The National Infrastructure Advisory Council.
The National Infrastructure Advisory Council (NIAC),
established on October 16, 2001, shall provide the
President through the Secretary of Homeland Security
with advice on the security of information systems for
critical infrastructure supporting other sectors of the
economy: banking and finance, transportation, energy,
manufacturing, and emergency government services.
(a) Membership. The NIAC shall be composed of not
more than 30 members appointed by the President. The
members of the NIAC shall be selected from the private
sector, academia, and State and local government.
Members of the NIAC shall have expertise relevant to
the functions of the NIAC and generally shall be
selected from industry Chief Executive Officers (and
equivalently ranked leaders of other organizations)
with responsibilities for security of information
infrastructure supporting the critical sectors of the
economy, including banking and finance, transportation,
energy, communications, and emergency government
services. Members shall not be full-time officials or
employees of the executive branch of the Federal
Government. The President shall designate a Chair and
Vice Chair from among the members of the NIAC.
(b) Functions of the NIAC. The NIAC will meet
periodically to:
(i) enhance the partnership of the public and private sectors in
protecting information systems for critical infrastructures and provide
reports on this issue to the Secretary of Homeland Security, as
appropriate;
(ii) propose and develop ways to encourage private industry to perform
periodic risk assessments of critical information and telecommunications
systems;
(iii) monitor the development of private sector Information Sharing and
Analysis Centers (ISACs) and provide recommendations to the President
through the Secretary of Homeland Security on how these organizations can
best foster improved cooperation among the ISACs, the Department of
Homeland Security, and other Federal Government entities;
(iv) report to the President through the Secretary of Homeland Security,
who shall ensure appropriate coordination with the Assistant to the
President for Homeland Security, the Assistant to the President for
Economic Policy, and the Assistant to the President for National Security
Affairs under the terms of this order; and
(v) advise lead agencies with critical infrastructure responsibilities,
sector coordinators, the Department of Homeland Security, and the ISACs.
(c) Administration of the NIAC.
(i) The NIAC may hold hearings, conduct inquiries, and establish
subcommittees, as appropriate.
(ii) Upon request of the Chair, and to the extent permitted by law, the
heads of the executive departments and agencies shall provide the NIAC with
information and advice relating to its functions.
(iii) Senior Federal Government officials may participate in the meetings
of the NIAC, as appropriate.
[[Page 10622]]
(iv) Members shall serve without compensation for their work on the NIAC.
However, members may be reimbursed for travel expenses, including per diem
in lieu of subsistence, as authorized by law for persons serving
intermittently in Federal Government service (5 U.S.C. 5701-5707).
(v) To the extent permitted by law and subject to the availability of
appropriations, the Department of Homeland Security shall provide the NIAC
with administrative services, staff, and other support services, and such
funds as may be necessary for the performance of the NIAC's functions.
(d) General Provisions.
(i) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C.
App.) (Act), may apply to the NIAC, the functions of the President under
that Act, except that of reporting to the Congress, shall be performed by
the Department of Homeland Security in accordance with the guidelines and
procedures established by the Administrator of General Services.
(ii) The NIAC shall terminate on October 15, 2003, unless extended by the
President.
(iii) Executive Order 13130 of July 14, 1999, was revoked on October 16,
2001.
(iv) Nothing in this order shall supersede any requirement made by or
under law.
Sec. 4. Judicial Review. This order does not create any
right or benefit, substantive or procedural,
enforceable at law or in equity, against the United
States, its depart ments, agencies, or other entities,
its officers or employees, or any other person.''
Sec. 8. Executive Order 13228 of October 8, 2001
(``Establishing the Office of Homeland Security and the
Homeland Security Council''), as amended, is further
amended by:
(a) amending section 3(g) to read ``(g) Incident
Management. Consistent with applicable law, including
the statutory functions of the Secretary of Homeland
Security, the Assistant to the President for Homeland
Security shall be the official primarily responsible
for advising and assisting the President in the
coordination of domestic incident management activities
of all departments and agencies in the event of a
terrorist threat, and during and in the aftermath of
terrorist attacks, major disasters, or other
emergencies, within the United States. Generally, the
Assistant to the President for Homeland Security shall
serve as the principal point of contact for and to the
President with respect to the coordination of such
activities. The Assistant to the President for Homeland
Security shall coordinate with the Assistant to the
President for National Security Affairs, as
appropriate.''; and
(b) inserting ``, including the Department of
Homeland Security'' after ``Government departments and
agencies'' in section 7.
Sec. 9. Executive Order 13223 of September 14, 2001
(``Ordering the Ready Reserve of the Armed Forces to
Active Duty and Delegating Certain Authorities to the
Secretary of Defense and the Secretary of
Transportation''), as amended, is further amended by:
(a) striking ``the Secretary of Transportation'' in
the title and wherever it appears in sections 1, 5, 6,
and 7, and inserting ``the Secretary of Homeland
Security'' in lieu thereof; and
(b) striking ``the Department of Transportation''
in section 7 and inserting ``the Department of Homeland
Security'' in lieu thereof.
Sec. 10. Executive Order 13212 of May 18, 2001
(``Actions to Expedite Energy-Related Projects''), is
amended by inserting ``Homeland Security,'' after
``Veterans Affairs,'' in section 3.
Sec. 11. Executive Order 13165 of August 9, 2000
(``Creation of the White House Task Force on Drug Use
in Sports and Authorization for the Director of the
Office of National Drug Control Policy to Serve as the
United States
[[Page 10623]]
Government's Representative on the Board of the World
Anti-Doping Agency''), is amended by inserting ``the
Department of Homeland Security,'' after ``the
Department of Transportation,'' in section 2.
Sec. 12. Executive Order 13154 of May 3, 2000
(``Establishing the Kosovo Campaign Medal''), is
amended by striking ``the Secretary of Transportation''
in section 1 and inserting ``the Secretary of Homeland
Security'' in lieu thereof.
Sec. 13. Executive Order 13133 of August 5, 1999
(``Working Group on Unlawful Conduct on the
Internet''), is amended by:
(a) inserting ``(6) The Secretary of Homeland
Security.'' after ``(5) The Secretary of Education.''
in section 3(a); and
(b) renumbering the subsequent subsections in
section 3(a) appropriately.
Sec. 14. Executive Order 13120 of April 27, 1999
(``Ordering the Selected Reserve and Certain Individual
Ready Reserve Members of the Armed Forces to Active
Duty''), is amended by striking ``the Secretary of
Transportation'' and inserting ``the Secretary of
Homeland Security'' in lieu thereof.
Sec. 15. Executive Order 13112 of February 3, 1999
(``Invasive Species''), is amended by inserting ``the
Secretary of Homeland Security,'' after ``Secretary of
Transportation,'' in section 3(a).
Sec. 16. Executive Order 13100 of August 25, 1998
(``President's Council on Food Safety''), is amended by
inserting ``and Homeland Security,'' after ``Health and
Human Services,'' in section 1(a).
Sec. 17. Executive Order 13076 of February 24, 1998
(``Ordering the Selected Reserve of the Armed Forces to
Active Duty''), is amended by striking ``the Secretary
of Transportation'' and inserting ``the Secretary of
Homeland Security'' in lieu thereof.
Sec. 18. Executive Order 13011 of July 16, 1996
(``Federal Information Technology''), as amended, is
further amended by:
(a) striking ``17. Federal Emergency Management
Agency;'' in section 3(b); and
(b) renumbering the subsequent subsections in
section 3(b) appropriately.
Sec. 19. Executive Order 12989 of February 13, 1996
(``Economy and Efficiency in Government Procurement
through Compliance with Certain Immigration and
Naturalization Act Provisions''), is amended by:
(a) striking ``Naturalization'' in the title and
inserting ``Nationality'' in lieu thereof;
(b) striking ``, the Attorney General'' in section
3;
(c) inserting ``the Secretary of Homeland
Security'' before ``may'' in section 3(a);
(d) inserting ``the Secretary of Homeland
Security'' before ``shall'' in section 3(b);
(e) inserting ``the Attorney General'' before
``shall'' in section 3(c);
(f) inserting ``Secretary of Homeland Security or
the'' before ``Attorney General'' wherever it appears
in section 4;
(g) striking ``The Attorney General's'' in section
4(b) and inserting ``Such'' in lieu thereof;
(h) striking ``the Attorney General'' wherever it
appears in the first two sentences of section 5(a) and
inserting ``the Secretary of Homeland Security and
Attorney General'' in lieu thereof;
(i) striking ``the responsibilities of the Attorney
General'' in section 5(a) and inserting ``their
respective responsibilities'' in lieu thereof;
(j) inserting ``Secretary of Homeland Security or
the'' before ``Attorney General'' wherever in appears
in the third sentence of section 5(a);
[[Page 10624]]
(k) inserting ``Secretary of Homeland Security and
the'' before ``Attorney General'' in section 6;
(l) striking ``the Attorney General's'' in section
6 and inserting ``their respective'' in lieu thereof;
and
(m) inserting ``Secretary of Homeland Security,
the'' before ``Attorney General'' in section 7.
Sec. 20. Executive Order 12985 of January 11, 1996
(``Establishing the Armed Forces Service Medal''), is
amended by striking ``the Secretary of Transportation''
in section 2 and inserting ``the Secretary of Homeland
Security'' in lieu thereof.
Sec. 21. Executive Order 12982 of December 8, 1995
(``Ordering the Selected Reserve of the Armed Forces to
Active Duty''), is amended by striking ``the Secretary
of Transportation'' and inserting ``the Secretary of
Homeland Security'' in lieu thereof.
Sec. 22. Executive Order 12978 of October 21, 1995
(``Blocking Assets and Prohibiting Transactions with
Significant Narcotics Traffickers''), is amended by
inserting ``, the Secretary of Homeland Security,''
after ``the Attorney General'' wherever it appears in
sections 1 and 4.
Sec. 23. Executive Order 12977 of October 19, 1995
(``Interagency Security Committee''), is amended by:
(a) striking ``the Administrator of General
Services (``Administrator'')'' in section 1(a) and
inserting ``the Secretary of Homeland Security
(``Secretary'')'' in lieu thereof;
(b) striking ``and'' after ``(16) Central
Intelligence Agency;'' in section 1(b);
(c) inserting ``and (18) General Services
Administration;'' after ``(17) Office of Management and
Budget;'' in section 1(b);
(d) striking section 1(c)(2) and redesignating
sections 1(c)(3) and 1(c)(4) as sections 1(c)(2) and
1(c)(3), respectively;
(e) striking ``Administrator'' wherever it appears
in sections 2, 5(a)(3)(E), 6(a), and 6(c), and
inserting ``Secretary'' in lieu thereof; and
(f) striking ``, acting by and through the
Assistant Commissioner,'' in section 6(c).
Sec. 24. Executive Order 12919 of June 3, 1994
(``National Defense Industrial Resources
Preparedness''), is amended by:
(a) striking ``The Director, Federal Emergency
Management Agency (``Director, FEMA'')'' in section
104(b) and inserting ``The Secretary of Homeland
Security (``the Secretary'')'' in lieu thereof;
(b) striking ``The Director, FEMA,'' in sections
201(c) and 601(f) and inserting ``The Secretary'' in
lieu thereof;
(c) striking ``the Director, FEMA,'' wherever it
appears in sections 201(e), 202(c), 305, 501, 701(e),
and 802(e), and inserting ``the Secretary'' in lieu
thereof; and
(d) inserting ``the Department of Homeland
Security,'' after ``Attorney General,'' in section 801.
Sec. 25. Executive Order 12906 of April 11, 1994
(``Coordinating Geographic Data Acquisition and Access:
The National Spatial Data Infrastructure''), is amended
by:
(a) striking ``and'' in section 7(b)(ii);
(b) striking the period at the end of section
7(b)(iii) and inserting ``; and'' in lieu thereof; and
(c) inserting a new section 7(b)(iv) to read ``(iv)
the national security-related activities of the
Department of Homeland Security as determined by the
Secretary of Homeland Security.''.
[[Page 10625]]
Sec. 26. Executive Order 12870 of September 30, 1993
(``Trade Promotion Coordinating Committee''), is
amended by:
(a) inserting ``(j) Department of Homeland
Security;'' after ``(i) Department of the Interior;''
in section 1; and
(b) relettering the subsequent subsections in
section 1 appropriately.
Sec. 27. Executive Order 12835 of January 25, 1993
(``Establishment of the National Economic Council''),
is amended by:
(a) inserting ``(k) Secretary of Homeland
Security;'' after ``(j) Secretary of Energy;'' in
section 2; and
(b) relettering the subsequent subsections in
section 2 appropriately.
Sec. 28. Executive Order 12830 of January 9, 1993
(``Establishing the Military Outstanding Volunteer
Service Medal''), is amended by striking ``the
Secretary of Transportation'' wherever it appears and
inserting ``the Secretary of Homeland Security'' in
lieu thereof.
Sec. 29. Executive Order 12824 of December 7, 1992
(``Establishing the Transportation Distinguished
Service Medal''), is amended by:
(a) striking ``Transportation'' in the title and
inserting ``Homeland Security'' in lieu thereof; and
(b) striking ``Transportation'' wherever it appears
and inserting ``Homeland Security'' in lieu thereof.
Sec. 30. Executive Order 12807 of May 24, 1992
(``Interdiction of Illegal Aliens''), is amended by
striking ``the Attorney General'' in section 2(c)(3)
and inserting ``the Secretary of Homeland Security'' in
lieu thereof.